TRIVENI STRUCTURAL LTD Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard learned counsel for the parties.

(2.) THIS writ petition has been filed against the impugned award of the Labour Court, Allahabad dated 25- 6-87, Annexure 1 to the petition.

(3.) RESPONDENT No. 3 was char-gesheeted on 22-4-1984 for the above mis conduct and he was placed under suspen sion. A true copy of the chargesheet is An nexure 2 to the writ petition. On 30-4-84 the T. S. L. Executives Association passed a resolution in a general body meeting and expressed their regret on the incident on 22-4- 84 and they forwarded a copy of the resolution to the Company/petitioner by their letter dated 30-4-84, vide Annexure 3 to the petition. Again on 1-5-84 the said Association wrote a letter to the petitioner company stating that they unconditionally condemned the said incident of 22-4- 84 in which respondent No. 3 was involved and the Association apologised for the said incident. A true copy of the letter dated 1-5-84 is Annexure 4 to the writ petition. Respon dent No. 3 submitted his explanation by letter dated 15-5-1984 to the charge-sheet and si nply denied the charges without men tioning any thing. A true copy of the ex planation dated 15-5-84 is annexed as An nexure 6 to the writ petition. In this letter respondent No. 3 denied the charge against him. The explanation of respondent No. 3 was not found satisfactory and as such a domestic enquiry was ordered to be held. The enquiry officer submitted his report dated 31-12-84 holding that the respondent No. 3 was guilty of the charges levelled against him. A true copy of the enquiry report dated 31-12-84 is Annexure 8 to the petition. The said report shows that respon dent No. 3 was guilty of charge No. 1 in the chargesheet which is misbehaviour with and assaulting the Managing Director. Subsequent to the enquiry, the respondent No. 3 was dismissed by the dismissal order dated 14-6-85, Annexure 9 to the petition. He raised an industrial dispute which was referred under Section 4-A of the U. P. In dustrial Disputes Act to the Labour Court, Allahabad. The parties filed written state ments and rejoinder statements before the Labour Court vide Annexure 11 to 14 to the writ petition.